IN THE UNITED STATES DISTRICT COURT

MOTION TO INTERVENE OF
WESTBORO BAPTIST CHURCH, INC.;
MOTION FOR HEARING; AND,
BRIEF IN SUPPORT

Pursuant to Fed.R.Civ.P. 24(a) and (b), Westboro Baptist Church, Inc. (WBC)
moves for leave to intervene as a defendant in this action and to file the attached answer
(Attachment A). WBC requests a hearing on this motion pursuant to D.Kan.Rule 7.2. As
her brief in support hereof, WBC states:
1. WBC is an independent Bible-believing church located in Topeka, Kansas (since
1955), which has had a highly conspicuous public testimony against the proud
ruinous sins of this generation; including a nearly 25-year street ministry,
engaging the state, nation and world in a robust debate about its policies of sin,
and the consequence of such pervasive proud sin to the country and its people.
Throughout its years of picketing, WBC has warned Kansas that the sin of
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homosexuality, and particularly same sex marriage, will bring great woe and
harm to this state. Today the number one moral issue facing this nation is same
sex marriage. WBC has a vital interest in what the courts rule regarding this
issue, as it directly impacts their religious practices, beliefs, preachments,
picketing, association and speech, as well as the wellbeing of their fellow man.
2. At the core of WBC’s picketing is the Bible doctrine that a proper marriage is
between one man, one woman, for life, is a Scriptural symbol of the great
mystery of Christ and His Bride, the Church of the Lord Jesus Christ. (See
sample passages bespeaking the seriousness of the marriage covenant and
tampering with it at Addendum 1). Same sex marriage rips that symbol to
shreds, and is utterly contrary to Bible doctrine.
3. This lawsuit is, at its core, a pursuit by the plaintiffs to have the government of
the State of Kansas endorse, and officially require respect and dignity and social
approval of, same sex marriage, in the form of a government marriage license,
which will bind and impact every citizen of the State. All other arguments in
plaintiffs’ filings and other similar litigation about financial and health issues,
and the like, are offered only to buttress this core goal, to wit, societal
acceptance, by force of government power, of the same sex union.
4. WBC desires to oppose this effort by the plaintiffs, including by advocating in
favor of the current laws of Kansas, which minimally hold the line against
complete corruption of a proper Bible marriage.
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5. WBC desires to assert that it is constitutional folly to suggest that a sinful-
behavior-based union should be a union that is afforded civil rights and granted
the imprimatur of respectability by a license from the government; and that in
doing so the government violates its duty of religious neutrality; and puts itself
in the position of imposing sin on the citizens, to the great detriment and harm
of the health and welfare of the citizenry. To the extent any recent law suggests
that same sex sexual and romantic unions should be afforded a government
marriage license, WBC urges a change in the law herein. Further, any such
recent law does not address the unique circumstances that WBC presents,
particularly related to the very real need to protect WBC’s constitutional rights
against an onslaught that will be effectuated if same sex marriage becomes the
law of Kansas. It would be naïve to suppose that granting marriage licenses to
homosexuals will end the discussion; the Court can take judicial notice of the
waves of litigation that have ensued where same sex marriage is recognized,
with homosexual activists trying to force others to participate, from bakers, to
florists, to clergy, and anyone else on the path of their journey to force all
America to call these same sex unions that violate God’s law, holy.
1

1
As just a few examples, please see “Baker forced to make gay wedding cakes, undergo
sensitivity training, after losing lawsuit,” reported by FoxNews June 3, 2014, Online:
http://fxn.ws/1kGIU0N (last visited October 26, 2014). And see “This Guy Cited His
Christian Faith in Refusing to Make T-Shirts Advertising a Gay Pride Parade – And Now
His Company Is Being Punished,” reported by TheBlaze, Online: http://bit.ly/1tp8W3o
(last visited October 26, 2014). The airwaves are thick with such reports, to such a degree
that the Court can take judicial notice this is happening.
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6. Further WBC desires to assert the constitutional rights of its members, to ensure
that should the Court decide to afford plaintiffs relief in any measure, that
simultaneously the Court protects the rights of WBC members to not participate
in any fashion whatsoever in this great sin against God, pursuant to the promise
of the Tenth Circuit Court of Appeals:
We also emphasize, as did the district court, that today’s decision
relates solely to civil marriage. … [R]eligious institutions remain
as free as they always have been to practice their sacraments and
traditions as they see fit. … [W]e continue to recognize the right
of the various religions to define marriage according to their
moral, historical, and ethical precepts. Our opinion does not
intrude into that domain or the exercise of religious principles in
this arena. The right of an officiant to perform or decline to
perform a religious ceremony is unaffected by today’s ruling.

Kitchen v. Herbert, 755 F.3d 1193, 1227 (10
th
Cir. 2014).

The filings to date in this case by all parties, including the government filings,
are woefully silent on any need to protect this right (or any other related right,
such as the right not to have any property, office or other aspect of WBC forced
to be involved, or the right of any other individual to withhold participation from
baking the wedding cake to conducting the religious marriage ceremony). WBC
is the most likely target for same-sex-marriage and gay activists, given their high
profile public ministry in opposition to this sinful behavior, such that they are in
particular need of protection, should the constitutional right to religious liberty
have any meaning.
7. WBC seeks to intervene as a matter of right. In The New Mexico Off-Highway
Vehicle Alliance v. United States Forest Service, 2013 U.S.App. LEXIS 22678
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(10
th
Cir. 2013), the Court vacated an order denying a motion to intervene,
finding that two environmental groups had indisputable legally protectable
interests in environmental concerns; that those interests would be impaired if the
outcome of the district court litigation was other than upholding a travel
management plan for a national forest; and that although both the Forest Service
and the environmental groups would defend the plan, it could not be assumed
that the environmental groups’ interests wholly aligned with those of the Forest
Service. During administrative proceedings the Forest Service had made
comments in disagreement with the environmental groups. Further, the Court
noted that there was no guarantee that the Forest Service’s policy would not shift
during litigation. The Court said:
The final element, the adequate-representation element, places a
minimal burden on the environmental groups to show a possibility
that neither of the parties will adequately represent their interests.
See WildEarth Guardians [v. Nat’l Park Serv.], 604 F.3d [1192]
at 1200 [10
th
Cir. 2010]. Because the NMOHVA represents
opposing interests to the environmental groups’ interests, the real
question is whether the Forest Service would represent them,
since both support the Plan. For the following reasons, we
conclude the Forest Service would not do so.

On repeated occasions we have recognized that it is impossible
for a governmental agency to protect both the public’s interests
and the would-be intervenor’s private interests Id. Indeed,
“[w]here a government agency may be placed in the position of
defending both public and private interests, the burden of showing
inadequacy of representation if satisfied.” Id. This is because

The government’s representation of the public interest
generally cannot be assumed to be identical to the individual
parochial interest of a particular member of the public
merely because both entities occupy the same posture in the
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litigation. In litigating on behalf of the general public, the
government is obligated to consider a broad spectrum of
views, many of which may conflict with the particular
interest of the would-be intervenor.

2013 U.S.App. LEXIS 22678 at 7-8.

8. The Kansas Attorney General (representing all defendants) is unable to
adequately represent WBC because of the political pressure that flows from
widespread disagreement with WBC and her ministry and religious message.
9. The Kansas Attorney General is unable to adequately represent WBC because
to do so would cause the Attorney General to assert religious viewpoints and
constitutionally protected religious rights, which is arguably contrary to the duty
of the government to remain neutral on matters of religion, and would constitute
a breach of the separation of church and state doctrine.
10. The Kansas Attorney General’s filings have reflected arguments such as
Eleventh Amendment immunity, standing, and abstention. No arguments are
asserted about the constitutional rights of religious liberty, speech, practice,
worship, association and speech which are core to protecting WBC’s interests.
11. The Kansas Attorney General is unable to adequately represent WBC’s interests,
in light of comments he has made in his official capacity (both as Attorney
General, and in earlier years as the Kansas Senate Majority Leader and “chief
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architect” of legislation against WBC), reflecting official disagreement with
WBC expressly related to her religious preachments.
2

12. The Kansas Attorney General cannot adequately represent WBC’s interests,
because WBC asserts that the government has a compelling and significant
government interest in protecting the health and welfare of the citizens, and same
sex marriage is contrary to the health and welfare of the citizens. The Kansas
Attorney General has not asserted this position in its filings herein. Specifically,

2
For example, in February 2006, a story run by NBC News quoted Kansas Senate Majority
Leader Derek Schmidt asserting that the Kansas legislature, in proposing a law limiting
funeral protests, was not proposing to silence WBC’s speech, “as offensive as most of us
find that,” see Online (last visited October 25, 2014). In
February 2007, a story in the Topeka Capitol Journal described Senator Derek Schmidt
testifying before a Senate committee in an effort to get a law passed against WBC’s
picketing. “’I guess we’re here trying again,’ the Independence Republican said with a
smile.” Online: ://bit.ly/1uUP0jJ (last visited October 25, 2014). In July 2007 a story
appearing in Cult News said concerning efforts to pass a law against WBC’s picketing:
“Senate Majority Leader Derek Schmidt, an Independence Republican and a chief architect
of the bill, said the Legislature would do whatever was necessary to make the law
workable.” Online: http://bitly.com/12yF1db (last visited October 25, 2014). Attorney
General Derek Schmidt shows on the list of counsel who filed briefs against WBC before
the United States Supreme Court in Snyder v. Phelps. Online: http://1.usa.gov/1yyizvi
(last visited October 25, 2014). In March 2011, after the Supreme Court ruled that WBC’s
religious picketing was protected in Snyder v. Phelps, 562 U.S. ----, 131 S.Ct. 1207, 179
L.Ed.2d 172 (2011), Attorney General Derek Schmidt issued a statement that was broadly
circulated, saying: “Kansas have endured for so long the embarrassment brought upon our
state by the shameful conduct of the Westboro Baptist Church.” Online:
http://bitly.com/1slHqNi (last visited October 25, 2014). These comments reflect that it is
highly unlikely that the Attorney General will adequately represent WBC’s interests in this
matter.

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the Kansas Attorney General has not, and likely will not assert that the
government has a compelling interest in protecting the people from the
destructive effects of same sex marriage. “[G]overnment is vested with the
responsibility of protecting the health, safety, and welfare of its citizens. See
Metropolitan Life Ins. Co. v. Massachusetts, 471 U.S. 724, 756, 105 S. Ct. 2380,
85 L. Ed. 2d 728 (1985) ("The States traditionally have had great latitude under
their police powers to legislate as to the protection of the lives, limbs, health,
comfort, and quiet of all persons" (internal quotation marks omitted)),” United
Haulers Association v. Oneida-Herkimer Solid Waste Management Authority,
550 U.S. 330, 342-343, 127 S.Ct. 1786, 1795, 167 L.Ed.2d 655, 667 (2007).
Nothing is more harmful to the health and welfare than sin. In his best known
sermon, “Sinners in the Hands of an Angry God,” expounding Deuteronomy
32:35, Holy Bible, “Their foot shall slide in due time,” American theologian
Jonathan Edwards said this:
Sin is the ruin and misery of the soul; it is destructive in its nature;
and if God should leave it without restraint, there would need
nothing else to make the soul perfectly miserable. The corruption
of the heart of man is a thing that is immoderate and boundless in
its fury; and while wicked men live here, it is like fire pent up by
God's restraints, whereas if it were let loose it would set on fire
the course of nature; and as the heart is now a sink of sin, so, if
sin was not restrained, it would immediately turn the soul into a
fiery oven, or a furnace of fire and brimstone.
3

3
This sermon can be found Online at http://bit.ly/Secdkc. (last visited October 26, 2014).
Jonathan Edwards’ (1703-1758) biography can also be found Online at
http://bit.ly/VEhsIW (last visited October 26, 2014), as part of a full collection of
information and sermons at the online Jonathan Edwards Center at Yale University. This
revivalist, theologian, pastor, philosopher and (briefly before his death) president of
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Nothing is more destructive to a nation than wholesale rejection of the plain
standard of God. “The wicked shall be turned into hell, and all the nations that
forget God.”
4
The expositor Adam Clarke’s Commentary on “all the nations that
forget God:” “They will not live in his fear. There are both nations and
individuals who, though they know God, forget him, that is, are unmindful of
him, do not acknowledge him in their designs, ways, and works. These are all
to be thrust down into hell,” (emphasis in original).
5
“Righteousness exalteth a
nation: but sin is a reproach to any people.”
6
“But in every nation he that feareth
him, and worketh righteousness, is accepted with him.”
7

It is no small matter for a nation to accept the sin of sodomy, and the lifestyle
or agenda
8
that it entails. The description of the utter annihilation of Sodom and

College of New Jersey (later Princeton University), represents the kind of preacher found
in this nation over two hundred years ago.

4
Psalm 9:17, Holy Bible.

5
This commentary by British Methodist theologian and biblical scholar Adam Clarke
(1762-1832) can be found Online at http://bit.ly/VEndpW (last visited October 26, 2014).

6
Proverbs 14:34, Holy Bible.

7
Acts 10:35, Holy Bible.

8
We use the term “agenda” advisedly. Justice Scalia in his dissent in Lawrence v. Texas,
539 U.S. 558, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003), said: “Today’s opinion is the
product of a Court, which is the product of a law-profession culture, that has largely signed
on to the so-called homosexual agenda, by which I mean the agenda promoted by some
homosexual activists directed at eliminating the moral opprobrium that has traditionally
attached to homosexual conduct,” 539 U.S. at 602, 123 S.Ct. at 2496, 156 L.Ed.2d at 541.
Case 2:14-cv-02518-DDC-TJJ Document 19 Filed 10/26/14 Page 9 of 26
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Gomorrah and three nearby cities is stark, and directly tied to homosexuality.
This historical event described in Genesis 19:1-28, Holy Bible, must be
considered at this hour, in all its graphic glory, and can be found at Addendum
2 for ready reference. Every adult, child, suckling and animal – utterly
destroyed. (Most likely amidst a lot of talk about committed loving relationships
and dignity and respect.) Sodom is held as an example in the New Testament,
for instance: “Even as Sodom and Gomorrah, and the cities about them in like
manner, giving themselves over to fornication, and going after strange flesh, are
set forth for an example, suffering the vengeance of eternal fire.”
9

Concerning this event, Christ said, “Remember Lot’s wife,”
10
because she
looked back on a people God judged to be sinful to the point of destruction, with
fondness and longing. Dr. John Gill on this passage: “[T]he reason of her
looking was either to see what would be the end of her father’s house and family;
or as others, because her heart yearned after her daughters, and she looked back
to see if they followed her.”
11
Jamieson, Fausset, Brown Commentary say, “Her

An essential part of this agenda is the government’s blessing on these unscriptural unions
in the form of a marriage license.

9
Jude 1:7, Holy Bible.

10
Luke 17:32, Holy Bible

11
This commentary by theologian, English Baptist preacher and biblical scholar Dr. John
Gill (1697-1771) can be found Online at http://bit.ly/VTT56Q (last visited October 26,
2014).

heart was in Sodom still.”
12
Space does not permit recounting the horrific
historical description of the civil war that erupted in ancient Israel after
sodomites of the tribe of Benjamin raped a woman to death, and the men of that
tribe fought for that sin. The tribe of Benjamin was nearly wiped out, as you can
read in the book of Judges, chapters 19-21. It is not a small thing in God’s eyes
for a nation to embrace proud sin, let alone the sin of homosexuality.
13

Worse still is same sex marriage, in its destructive effect on society. The old
Jewish writings report that the final offense that brought Noah’s Flood was the
making of marriage contracts between men. Here it is described in A Spiritual
and Ethical Compendium to the Torah and Talmud by Rabbi Arthur Segal and

12
This commentary by theologian, Scotland preacher and biblical scholar Robert Jamieson
(1802-1880); theologian, England preacher and biblical scholar A. R. Fausset (1821-1910);
and Scotland preacher, professor of theology and biblical scholar David Brown (1803-
1897); published in 1871, can be found Online at http://bit.ly/11hJDkp (last visited October
26, 2014).

13
Many more passages are found in the Scriptures condemning homosexuality, including
the Mosaic code forbidding and calling for the death penalty for homosexuality, Leviticus
18:22 and Leviticus. 20:13, Holy Bible, reiterated in the New Testament at Romans 1:32,
Holy Bible, as a crescendo at the end of an exhaustive condemnation of men with men and
women with women, calling it “uncleanness” and “vile affections,” Romans 1:21-31, Holy
Bible. The Bible refers to practicing homosexuals as dogs because of their nature, see
Philippians 3:2 and Matthew 7:6, Holy Bible; and they are described as being “without”
heaven in the end, Revelation 22:15, Holy Bible. The Apostle Peter describes them as
“natural brute beasts made to be taken and destroyed,” 2 Peter 2:7-12, Holy Bible; and
Christ describes the conditions in the last days – at the time of his Second Coming to earth
in power and glory – as like the days of Lot and Noah, with men marrying “wives”
(divorce/remarriage) and men being “given in marriage,” Luke 17:27, Holy Bible
(traditionally the woman is given in marriage). The inescapable conclusion is that the Bible
condemns and prohibits homosexuality and same-sex marriage.
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12

Frank Dunne, Jr., 2008, at 47-48 (online: http://bit.ly/1rGHgkp last visited
October 26, 2014).
[Genesis] Verse 6:11 says that the world was corrupt and filled
with robbery. God was going to destroy the world for this
corruption and robbery. This seems awfully harsh, especially in
today’s world where corruption and theft seems commonplace.
Rashi [Rabbi Shlomo Yitzhaki, 1040, France] says a better
translation of corruption is immorality and idol worship. The
Midrash says that adultery, incest and stealing were all part of
man’s daily schedule. Powerful men would take any women that
they chose. The Midrash also says that a major sin of this
generation was sexual relations purely for lascivious gratification.
Talmud Tractate Sanhedrin 57A says that the world was
immersed in jealousy, greed, theft, violence, lying, impatience,
intolerance, deception and fraud. The worst of all the
transgressions according to both Rashi and Ibn Ezra was that
people exploited each other sexually. Sounds rather familiar,
doesn’t it? Hold on, there’s more.

The Midrash Vayikra Rabba says: “Everyone and everything
became amoral. Even animals became so morally corrupt and
decadent that one species mated with another species – dogs with
wolves, horses with donkeys, snakes with birds. The generation
of the Flood was finally wiped away when they started writing
songs extolling cohabitation of males with males and males
with animals.” Another Midrash says that males just didn’t
sodomize other males, but that they signed ketobot (marriage
contracts) legalizing these relationships. (Emphasis added.)

Since the Generation of the Flood, all generations have known of Noah’s
Flood. It bears attending to the details briefly here. Noah preached to his
generation for 120 years. None attended to his words, and only he, his wife, his
three sons, and their wives, boarded the ark. The description of the complete
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13

destruction of all mankind – a population as or bigger than today’s population
14

– is starkly described in Genesis 7:11-23, Holy Bible, and should be considered
at this hour; found at Addendum 3 for ready reference.
The standard for marriage in the Bible is one man, one woman, for life (see
Attachment B). When this nation tampers with marriage as properly defined in
the Scriptures, it is tampering with the very symbol of Christ and His Bride, the
Church. It is a very serious matter; same-sex marriage is totally contrary to the
standard of God. Unquestionably it is best for the health, safety and welfare to
follow God’s standard on marriage, and the benefits of a proper scriptural

14
“May this suffice on the subject of the physical world before the Flood. Much more
could be said. What has been said is sufficient to show that the world of Adam,
Methuselah, of Enoch and Noah, was a wondrous world. A world rich in plant and animal
life. A world which yielded food of every kind for man and beast without any great effort
on the part of either, a world which could therefore support a population many times greater
than our present population.” “It is reasonable to assume that the population was at least
equal to the population of the world today.” Alfred M. Rehwinkel, The Flood in the Light
of the Bible, Geology and Archaeology, Concordia Publishing House, St. Louis, 8
th
ed.,
1962, at pp. 15, 19, available Online at http://bit.ly/109Pt8h (last visited October 26, 2014).
A recent ABC special by Christiane Amanpour, “Back to the Beginning,” included a
segment, “Noah’s Biblical Flood: New Evidence Suggests It Happened,” with information
about archeological finds by Robert Ballard (founder of the Titanic), in the Black Sea in
Turkey that support the account in Genesis, available Online at http://abcn.ws/TYwIyr (last
visited October 26, 2014).
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opposite-sex, one-man-one-woman-for-life marriage are enumerable, that being
a lovely symbol of Christ and His Bride,
15
and being a great blessing from God.
16

But of far more importance is the fact that the government has no greater
responsibility than to protect the people from such grievous sin that the
inevitable result will be the outpouring of the wrath of God on the land, bringing
great mayhem, carnage and destruction. Nothing is better for the health, safety
and welfare of the people than to obey God. When a critical moral issue becomes
the centerpiece of the discussion, and is put squarely before this Honorable
Court, or before any governmental body, the duty is to follow the standard of
God. Not invent a multitude of sociological, pseudo-scientific, historical or any
other theory or reasoning that leads to ignoring and disobeying the plain standard
of God. The highest interest of government is to follow the standard of God;
appeal to the people to follow the standard of God; and establish policies and
laws that follow the standard of God. This nation has gone astray, letting
fornication, adultery, abortion-for-convenience-on-demand, divorce, remarriage

15
E.g., “Let us be glad and rejoice, and give honour to him; for the marriage of the Lamb
is come, and his wife hath made herself ready,” Revelation 19:7, Holy Bible.

“For the husband is the head of the wife, even as Christ is the head of the church: and he is
the savior of the body,” Ephesians 5:23, Holy Bible.

16
E.g., “Marriage is honourable in all, and the bed undefiled: but whoremongers and
adulterers God will judge,” Hebrews 13:4, Holy Bible. “Whoso findeth a wife findeth a
good thing, and obtaineth favour of the LORD,” Proverbs 18:22, Holy Bible. “Who can
find a virtuous woman? For her price is far above rubies,” Proverbs 31:10, Holy Bible.

and sodomy become the norm. It may be too late. The prophet Jonah certainly
thought it was too late for the thriving city of Nineveh, whose repentance
(starting with the King) turned back God’s wrath, and spared that nation for
another one hundred years.
17
Homosexuality is destructive in every way, to the
individual and to the nation. Government should not put its seal of approval on
that unholy union by issuing a marriage license. Government’s interest is in
doing the opposite, for the good of the people and the nation.
This is a nation that was built on Bible principles. “[T]his is a religious
people. This is historically true. From the discovery of this continent to the
present hour, there is a single voice making this affirmation. *** If we examine
the constitutions of the various States we find in them a constant recognition of
religious obligations. *** There is a universal language [pervading], having one
meaning: they affirm and reaffirm that this is a religious nation.” Church of the
Holy Trinity v. United States, 143 U.S. 457, 465-472, 12 S.Ct. 511, 514-517, 36

17
Compare the book of Jonah to the book of Nahum. Matthew Henry’s commentary on
Nahum 1:1, Holy Bible: “About 100 years before this Jonah had, in God’s name, foretold
the speedy overthrow of this great city; but then the Ninevites repented and were spared,
and that decree did not bring forth. The Ninevites then saw clearly how much it was to
their advantage to turn from their evil way; it was the saving of their city; and yet, soon
after, they returned to it again; it became worse than ever, a bloody city, and full of lies and
robbery. They repented of their repentance, returned with the dog to his vomit, and at length
grew worse than ever they had been. Then God sent them not this prophet, as Jonah, but
this prophecy, to read them their doom, which was now irreversible. Note, The reprieve
will not be continued if the repentance be not continued in. If men turn from the good they
began to do, they can expect no other than that God should turn from the favour he began
to show, Jer. 18:10.” This commentary by Matthew Henry (1662-1714), nonconformist
puritan preacher and expositor, can be found Online at http://bit.ly/XeRaMg (last visited
October 26, 2014).
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16

L.Ed. 226, 230-232 (1892). “It seems to me rather obvious, when we get back
to the early expression of those ideas [which found expression in the Declaration
of Independence and the Preamble of the Constitution] and consider the general
historical situation out of which the older colonies arose, that one chief source
of these ideas was the popular knowledge of the Bible in the Protestant countries
of that time.”
18

“The Bible was nothing short of the underlying fabric upon which American
society was founded. … The rule of law began, not with the rules of man but
with the rules of God. *** To find [social] sails and helm, [Americans] turned
first to the Bible. … The emergent collaboration between church and state (even
if these two arms remain separate while at the same time working together) has
remained a fundamental axiom embedded in the nature of American policy ever
since. *** [T]he influence of biblical law continued to be felt in American
jurisprudence well into the twentieth century. *** To the extent that a modern
system is derived from biblical social precepts or even unwittingly presupposes
that such precepts are operational in society, the lack of any of the essential
elements of that constitutive system may give rise to serious problems in the
resultant system. *** Democracy in America has succeeded because its society

has possessed an underlying moral order, and historically that order has been
informed largely by basic ideals supplied by the Bible …”
19

This Court is not precluded from making decisions based in part on the
standard of God; and should not make decisions based in part on defying the
standard of God, against public good. “What Baptists and other dissenters
wanted, in [Philip] Hamburger’s assessment, was a political voice for their own
religious views, unconstrained by establishment; neither they nor the
establishment clause of the First Amendment ever intended to keep Christian
conviction out of American governance, as secularists today insist,” (emphasis
added).
20
“[T]he separation of church and state has not denied the political realm
a religious dimension.”
21

“As we explained in Lynch v. Donnelly, 465 U.S. 668, 79 L.Ed.2d 604, 104
S.Ct. 1355 (1984): ‘There is an unbroken history of official acknowledgement
by all three branches of government of the role of religion in American life from
at least 1789.’ *** Recognition of the role of God in our Nation’s heritage has

19
John W. Welch, “Biblical Law in America: Historical Perspectives and Potentials for
Reform,” 2002 Brigham Young University Law Review 611, at 619, 630-631, 636-637,
available Online at http://bit.ly/VEBX8j (last visited October 26, 2014).

also been reflected in our decisions,” Van Orden v. Perry, 545 U.S. 677, 686,
687, 125 S.Ct. 2854, 2861, 162 L.Ed.2d 607, 616, 617 (2005). “’[W]e find no
constitutional requirement which makes it necessary for government to be
hostile to religion and to throw its weight against efforts to widen the effective
scope of religious influence.’ Zorach v. Clauson, 343 U.S. 306, 313-314, 96
L.Ed. 954, 72 S.Ct. 679 (1952).” Id., 545 U.S. at 684, 125 S.Ct. at 2859, 162
L.Ed.2d at 615.
Separation of church and state has become a battle cry for enabling sin. That
was never the intention of the forefathers, but rather they intended to let each
member of the new union serve God according to his or her conscience, not
according to the dictates of an official state church.
22
“The principle of church-
state separation—from the time of Becket, to Blackstone, to Benjamin Franklin,
to today—has long meant, among other things, that religious communities and
institutions enjoy meaningful autonomy and independence with respect to their
governance, teachings, and doctrines. This independence, recognized and
vindicated in a long line and wide array of decisions by the Supreme Court, is

22
“[B]ut it was reserved for the people and governments of this last settled among the lands
to announce the religious equality of all men and all creeds before the law, without
preference and without distinction or disqualification. Here, among all the benefits to
mankind to which this soil has given rise, this pure religious liberty may be justly rated as
the great gift of America to civilization and the world, having among principles of
governmental policy no equal for moral insight, and for recognition both of the dignity of
the human soul and the spiritual majesty of the Church of God,” Sanford Hoadley Cobb,
The Rise of Religious Liberty in America, p. 2, available Online at http://bit.ly/UCAUaP
(last visited October 26, 2014).

entirely consistent with the appropriate powers of civil authorities.”
23
The fact
that issues of doctrine and church governance are beyond the jurisdiction of civil
government is not the equivalent of civil government abrogating its duty to
protect the health, safety and welfare of the people by promulgating laws and
policies consistent with the standards of God and the dictates of Holy Scripture.
No form of government will ever survive if it rejects and casts away as
rubbish the standards of God. On no issue is this more apparent than the issue
of same sex marriage. Many laws in this nation are based on Bible standards.
This Court should not disregard the Bible standard on the question of same sex
marriage, any more than it would ignore the Bible standard on the issue of
murder.
Same-sex marriage will destroy Kansas. If this Court requires Kansas
officials to treat what God has called abominable as something to be respected,
revered, and blessed with the seal-of-approval of the government, that will cross
a final line with God. The harm that will befall this state, when the condign
destructive wrath of God pours out on Kansans is the ultimate harm to the health,
welfare and safety of the people. Kansas voters, in some recognition of the harm
that would befall a people who would so flagrantly disobey God voted against
same sex marriage. What a horrible disservice to the citizens to ignore that vote

and impose sin on the people to their great harm. What interest could be more
compelling for the government than to seek the blessings of God on this nation,
by obeying His commandments and following His standards?
13. Specifically the Kansas Attorney General has not, and likely will not assert
WBC’s constitutional rights to be free from association with same sex marriage;
from restrictions on its right to decline to perform same sex marriages or
otherwise have any of WBC’s property or offices used by force in any manner
to support same sex marriage; from restrictions on its right to avidly and
adamantly publicly oppose same sex marriages; and from its right to not have
the force of its state government behind same sex marriage licenses.
14. Specifically the Kansas Attorney General has not, and likely will not assert WBC
members’ property rights in their marriages. We recognize that this Court noted
in its order of October 24, 2014 (denying the Unruhs’ motion to intervene), that
it “doubts whether plaintiffs can show that their marriage constitutes a
protectable property interest under the Fifth and Fourteenth Amendments of the
United States Constitution or that this case’s disposition will impair their ability
to protect that interest” citing Kitchen v. Herbert, supra, 755 F.3d at 1223, where
the Tenth Circuit rejected Utah’s argument that “state recognition of love and
commitment between same-sex couples will alter the most intimate and personal
decisions of opposite-sex couples,” Memorandum and Order, p. 2. However,
we respectfully submit that this should not be the final conclusion of the Court
on this issue, particularly in light of the great emphasis placed in plaintiffs’
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21

Complaint on their desire to have same sex marriage licenses because of the
dignity, respect and societal acceptance it reflects concerning their union. If a
marriage license equates to a seal-of-approval of society, certainly that seal-of-
approval is tarnished when it is given to an unholy and unscriptural union. Those
persons who have married properly in God’s sight are entitled to place worth on
the government’s licensing of that proper marriage. Every time an improper
marriage is given the same license – the government seal of approval – it
tarnishes the worth of that license for those who are properly married. It will not
do for the Court to evade the question of what is a proper marriage; and indeed
that is at the core of this case. If the Good Housekeeping Seal is placed on a
defective and unworthy product, it diminishes the value of that seal when it is
put on a wholesome product. The same principle applies. This issue is one that
has not been resolved, and we ask that the Court consider the claim, and
recognize it is not one that will be asserted by the Attorney General.
15. WBC incorporates its full Answer attached hereto into this motion, as though set
out verbatim herein.
WHERFORE, based on the foregoing, WBC respectfully requests that the Court
permit it to intervene herein as a defendant; to file its attached Answer; and to fully
participate in these proceedings to protect its unique interests and rights raised by
the plaintiffs’ claims, which cannot and will not be protected by the other
defendants, represented by the Kansas Attorney General.
Respectfully submitted,
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22

For instance, these sample passages reflect what a serious and sober matter it is with God
that His creatures engage only in a proper marriage:

Ephesians 5:
28 So ought men to love their wives as their own bodies. He that loveth his wife loveth
himself.
29 For no man ever yet hated his own flesh; but nourisheth and cherisheth it, even as the
Lord the church:
30 For we are members of his body, of his flesh, and of his bones.
31 For this cause shall a man leave his father and mother, and shall be joined unto his wife,
and they two shall be one flesh.
32 This is a great mystery: but I speak concerning Christ and the church.

Mark 10:
11 And he saith unto them, Whosoever shall put away his wife, and marry another,
committeth adultery against her.
12 And if a woman shall put away her husband, and be married to another, she committeth
adultery.

Malachi 2:
13 And this have ye done again, covering the altar of the LORD with tears, with weeping,
and with crying out, insomuch that he regardeth not the offering any more, or receiveth it
with good will at your hand.
14 Yet ye say, Wherefore? Because the LORD hath been witness between thee and the
wife of thy youth, against whom thou hast dealt treacherously: yet is she thy companion,
and the wife of thy covenant.
15 And did not he make one? Yet had he the residue of the spirit. And wherefore one? That
he might seek a godly seed. Therefore take heed to your spirit, and let none deal
treacherously against the wife of his youth.
16 For the LORD, the God of Israel, saith that he hateth putting away: for one covereth
violence with his garment, saith the LORD of hosts: therefore take heed to your spirit, that
ye deal not treacherously.

1 ¶ And there came two angels to Sodom at even; and Lot sat in the gate of Sodom: and
Lot seeing them rose up to meet them; and he bowed himself with his face toward the
ground;
2 And he said, Behold now, my lords, turn in, I pray you, into your servant’s house, and
tarry all night, and wash your feet, and ye shall rise up early, and go on your ways. And
they said, Nay; but we will abide in the street all night.
3 And he pressed upon them greatly; and they turned in unto him, and entered into his
house; and he made them a feast, and did bake unleavened bread, and they did eat.
4 ¶ But before they lay down, the men of the city, even the men of Sodom, compassed the
house round, both old and young, all the people from every quarter:
5 And they called unto Lot, and said unto him, Where are the men which came in to thee
this night? bring them out unto us, that we may know them.
6 And Lot went out at the door unto them, and shut the door after him,
7 And said, I pray you, brethren, do not so wickedly.
8 Behold now, I have two daughters which have not known man; let me, I pray you, bring
them out unto you, and do ye to them as is good in your eyes: only unto these men do
nothing; for therefore came they under the shadow of my roof.
9 And they said, Stand back. And they said again, This one fellow came in to sojourn, and
he will needs be a judge: now will we deal worse with thee, than with them. And they
pressed sore upon the man, even Lot, and came near to break the door.
10 But the men put forth their hand, and pulled Lot into the house to them, and shut to the
door.
11 And they smote the men that were at the door of the house with blindness, both small
and great: so that they wearied themselves to find the door.
12 ¶ And the men said unto Lot, Hast thou here any besides? son in law, and thy sons, and
thy daughters, and whatsoever thou hast in the city, bring them out of this place:
13 For we will destroy this place, because the cry of them is waxen great before the face
of the LORD; and the LORD hath sent us to destroy it.
14 And Lot went out, and spake unto his sons in law, which married his daughters, and
said, Up, get you out of this place; for the LORD will destroy this city. But he seemed as
one that mocked unto his sons in law.
15 ¶ And when the morning arose, then the angels hastened Lot, saying, Arise, take thy
wife, and thy two daughters, which are here; lest thou be consumed in the iniquity of the
city.
16 And while he lingered, the men laid hold upon his hand, and upon the hand of his wife,
and upon the hand of his two daughters; the LORD being merciful unto him: and they
brought him forth, and set him without the city.
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25

17 And it came to pass, when they had brought them forth abroad, that he said, Escape for
thy life; look not behind thee, neither stay thou in all the plain; escape to the mountain, lest
thou be consumed.
18 And Lot said unto them, Oh, not so, my Lord:
19 Behold now, thy servant hath found grace in thy sight, and thou hast magnified thy
mercy, which thou hast shewed unto me in saving my life; and I cannot escape to the
mountain, lest some evil take me, and I die:
20 Behold now, this city is near to flee unto, and it is a little one: Oh, let me escape thither,
(is it not a little one?) and my soul shall live.
21 And he said unto him, See, I have accepted thee concerning this thing also, that I will
not overthrow this city, for the which thou hast spoken.
22 Haste thee, escape thither; for I cannot do any thing till thou be come thither. Therefore
the name of the city was called Zoar.
23 The sun was risen upon the earth when Lot entered into Zoar.
24 ¶ Then the LORD rained upon Sodom and upon Gomorrah brimstone and fire from the
LORD out of heaven;
25 And he overthrew those cities, and all the plain, and all the inhabitants of the cities, and
that which grew upon the ground.
26 ¶ But his wife looked back from behind him, and she became a pillar of salt.
27 ¶ And Abraham gat up early in the morning to the place where he stood before the
LORD:
28 And he looked toward Sodom and Gomorrah, and toward all the land of the plain, and
beheld, and, lo, the smoke of the country went up as the smoke of a furnace.
29 And it came to pass, when God destroyed the cities of the plain, that God remembered
Abraham, and sent Lot out of the midst of the overthrow, when he overthrew the cities in
the which Lot dwelt.

Historical account of the destruction of mankind from by the Flood, from Genesis 7:

11 ¶ In the six hundredth year of Noah’s life, in the second month, the seventeenth day of
the month, the same day were all the fountains of the great deep broken up, and the
windows of heaven were opened.
12 And the rain was upon the earth forty days and forty nights.
13 ¶ In the selfsame day entered Noah, and Shem, and Ham, and Japheth, the sons of Noah,
and Noah’s wife, and the three wives of his sons with them, into the ark;
14 They, and every beast after his kind, and all the cattle after their kind, and every creeping
thing that creepeth upon the earth after his kind, and every fowl after his kind, every bird
of every sort.
15 And they went in unto Noah into the ark, two and two of all flesh, wherein is the breath
of life.
16 And they that went in, went in male and female of all flesh, as God had commanded
him: and the LORD shut him in.
17 ¶ And the flood was forty days upon the earth; and the waters increased, and bare up
the ark, and it was lift up above the earth.
18 And the waters prevailed, and were increased greatly upon the earth; and the ark went
upon the face of the waters.
19 And the waters prevailed exceedingly upon the earth; and all the high hills, that were
under the whole heaven, were covered.
20 Fifteen cubits upward did the waters prevail; and the mountains were covered.
21 ¶ And all flesh died that moved upon the earth, both of fowl, and of cattle, and of beast,
and of every creeping thing that creepeth upon the earth, and every man:
22 All in whose nostrils was the breath of life, of all that was in the dry land, died.
23 And every living substance was destroyed which was upon the face of the ground, both
man, and cattle, and the creeping things, and the fowl of the heaven; and they were
destroyed from the earth: and Noah only remained alive, and they that were with him in
the ark.
24 And the waters prevailed upon the earth an hundred and fifty days.

For their answer to Plaintiffs’ Complaint, Westboro Baptist Church, Inc. (WBC)
states:
1. Paragraph 1: Admitted plaintiffs seek relief to engage in same sex marriage; WBC
is without sufficient knowledge to admit or deny they are “loving, committed” same
sex couples.
2. Paragraph 2: Admitted the Kansas constitution and statutes prohibit same sex
marriage, and codify a proper Scriptural marriage; denied this results in lesbians,
gay men or their children being treated as second class, undeserving, etc., because
it is the published sexual behavior that the Bible prohibits, if anything, that puts
these persons in this class they describe. Further, any moral opprobrium that may
attach to this pronounced published sexual behavior in today’s society is not
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2

something which the government should try to regulate, or from which the
government should relieve those who choose to engage in and publish this
unscriptural behavior.
3. Paragraph 3: Admitted Plaintiffs seek relief under the Equal Protection and Due
Process Clauses of the Fourteenth Amendment and challenge the validity of Kansas
law. Denied they are entitled to this relief.
4. Paragraph 4: Denied that when two people marry they commit to building a life
together; divorce rates in this nation belie that fact. Marriage is defined in the Bible
along with its purposes, most notably as a symbol of the mystery of Christ and His
Bride, the Church of the Lord Jesus Christ, see, e.g., Ephesians 5.
5. Paragraph 5: Denied that plaintiffs suffer any harm by the government not issuing
them a marriage license.
6. Paragraph 6: WBC is without sufficient knowledge to admit or deny if plaintiffs
are lesbians (since it is a behavior, and we have not witnessed the behavior), or that
they are in a committed, loving relationship.
7. Paragraph 7: WBC is without sufficient knowledge to admit or deny if plaintiffs
are lesbians (since it is a behavior, and we have not witnessed the behavior), or that
they are in a committed, loving relationship.
8. Paragraph 8: It is admitted that Dr. Moser is the Secretary of KDHE and his duties
include supervising Kansas’ system of vital records, etc. It is denied that Dr. Moser
has any ability to require or disallow same sex marriage licenses. It is also denied
that there is anything improper in designating a bride and groom for a marriage. It
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3

is written on the hearts of mankind, and in Holy Writ, that this is the proper scheme
of things. “Have ye not read, that he which made them at the beginning made them
male and female, And said, For this cause shall a man leave father and mother, and
shall cleave to his wife: and they twain shall be one flesh?” Matt. 19:4-5. It would
tear asunder a proper Bible definition of marriage, and a strong societal foundation
flowing from this Bible precept, to force officials to remove “bride” and “groom”
from marriage licenses. It a serious matter to tamper with this pattern set by God.
“And the light of a candle shall shine no more at all in thee; and the voice of the
bridegroom and of the bride shall be heard no more at all in thee: for thy
merchants were the great men of the earth; for by thy sorceries were all nations
deceived,” Revelation 18:23; emphasis added.
9. Paragraph 9: It is admitted that Mr. Hamilton is the Clerk in Douglas County, and
issues marriage licenses. It is denied that Mr. Hamilton has any ability to require or
disallow same sex marriage licenses.
10. Paragraph 10: It is admitted that Mr. Lumbreras is the Clerk in Sedgwick County,
and issues marriage licenses. It is denied that Mr. Lumbreras has any ability to
require or disallow same sex marriage licenses.
11. Paragraph 11 is admitted.
12. Paragraph 12 is admitted.
13. Paragraph 13 is admitted.
14. Paragraph 14: WBC is without sufficient knowledge to admit or deny Plaintiffs’
joys and challenges of family life, etc. It is denied that Plaintiffs are treated in any
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4

manner as “second class,” whatever that may mean. Again, moral disagreement
with this lifestyle is not something that can be regulated by the government.
15. Paragraph 15: WBC is without sufficient knowledge to admit or deny paragraph
15.
16. Paragraphs 16-21 are not disputed; this is the method used by activists who wish to
impose the homosexual lifestyle on Kansans.
17. Paragraph 22 is denied.
18. Paragraphs 23-27: It is admitted that the legislation and constitutional amendment
referenced was passed; the rest of the language of these paragraphs is denied, as
they amount to nothing more than disagreement with the votes of legislators and
voters.
19. Paragraphs 28 and 29 are denied; persons who choose to engage in homosexual
behavior have full liberty in this country to do so, to live together, to make financial
arrangements together, to construct their wills to give their property to each other;
and to otherwise fully function as members of society. Single status, unmarried
persons living together in a sexual and romantic relationship, single parenthood and
divorce are too prevalent in this nation for anyone to seriously contend that you are
unable to function effectively and comfortably in American society without a
marriage license. The desire to have the government sanction this sin with a license
is not proper, and it is not a proper role of government to sanction sin.
20. Paragraph 30: It is admitted that the government can influence, and in fact this is
precisely why the government should not sanction this sin. The rest of paragraph
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30 is denied, as the language amounts to nothing more than disagreement with moral
disapproval of this sin of homosexuality, and a craving to have the government
endorse the sin as a means to try to shake off the moral opprobrium that naturally
attends it.
21. Paragraph 31 is denied. Insurance is available to single persons as well as couples;
it is equally available to a single person who pronounces that s/he engages in
homosexual behavior as it is to one who does not; the Affordable Care Act has
guaranteed that everyone will have access to affordable insurance; there is no
legitimate loss with that oft-cited over-worked issue. It is not the role of the
government to respect a sinful manner of life.
22. Paragraphs 32-35 are denied. There are substantial and compelling government
interests in protecting the health and welfare of the people, including by not
endorsing sin with a marriage license; and by not exposing the citizens to the wrath
and anger of God for proud sin; and by not encroaching on a proper Scriptural
marriage, to the extent that has survived in any law or constitution. A marriage
license (vis-à-vis the ability to engage in an intimate relationship, live together, raise
children together, etc.) should not be given the status of a constitutional right (to the
extent any recent law says otherwise, we urge a change in that law); and it should
not be exalted to such just to satisfy the craving by those who engage in the sin of
homosexuality to have their sin sanctioned by the government as one of the means
of trying to remove the moral opprobrium that naturally does and should attend sin.
23. Paragraphs 43 is answered by incorporating all of the above.
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6

24. Paragraph 44 is not disputed.
25. Paragraph 45 is not disputed to the measure it is reciting from the Fourteenth
Amendment and Section 1983.
26. Paragraphs 46-52 are denied.
27. Paragraph 53 is answered by incorporating all of the above.
28. Paragraph 54 is not disputed.
29. Paragraph 55 is not disputed to the measure it is reciting from the Fourteenth
Amendment and Section 1983.
30. Paragraphs 56-63 are denied. It is specifically denied that plaintiffs are prohibited
from having a marriage ceremony at a church or any other location of their choosing;
and it is specifically asserted that the reason plaintiffs desire a marriage license
(above and beyond their ability to engage in same sex sexual activity, to be involved
in a same sex romantic relationship, to live as a same sex couple, and to have any
manner and an unlimited number of ceremonies commemorating this same sex
relationship), is because of a craving to have the government endorse their sinful
behavior; this is not a proper role of government.
31. Paragraph 64 is denied; the government would not know, and does not need to know,
plaintiffs’ (or anyone else’s) sexual orientation or proclivities; the law does not
target any of such self-proclaimed sexual orientation or proclivities; rather it
codifies a proper scriptural marriage, in the measure the government is going to
license marriage.
32. Paragraph 65 is denied.
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7

33. Paragraph 66 is expressly denied; it is factually and constitutionally erroneous to
equate moral disagreement with sinful behavior with a “long and painful history of
discrimination.” In WBC’s considerable experience, this kind of emotional rhetoric
is just another way of saying people who engage in sin do not want to be told their
behavior is sinful. It is not a proper role of government to sanction sin, or prohibit,
discourage, or chill any citizen from calling sinful behavior sinful behavior, by its
official actions.
34. It is not disputed that sexual orientation is irrelevant to other societal engagement;
nor is it necessary to keep pronouncing sexual orientation.
35. Paragraphs 68-69 are disputed, except that it is admitted that all humans are born
with depraved hearts and the propensity to engage in every form of sin, including
homosexuality. We dispute the plaintiffs’ suggestion that simply because a person
is born with a propensity towards the particular sin of homosexuality, or cultivates
that particular propensity, that this entitles that person to some special status in the
law because of that sin.
36. Paragraphs 79-71 are disputed; to the contrary, American society today is very open
and welcoming of self-proclaimed sexual irregularities, including fornication,
divorce, remarriage, and homosexuality. Even those who claim to have some
disagreement with same sex marriage or homosexuality generally (with very few
exceptions) articulate their disagreement in such a manner as to be welcoming of
those who engage in these sexual irregularities; and there is no societal stigma
whatsoever for those who engage in and pronounce sexual unions outside of that
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prescribed by the Bible (one man, one woman, for life), and in fact the Bible
standard is largely mocked and disregarded by American society. Any voter
initiative that makes a very modest attempt to have the barest of limits on
homosexual behavior, because of a desire to maintain some small vestige of a proper
Bible marriage, is not a valid basis for the government stepping in and licensing sin.
37. Paragraphs 72-77 are denied.
38. As to paragraphs 78-81 and Prayer for Relief, paragraphs A-F, it is denied plaintiffs
are entitled to any relief in law. It is not the proper role of the courts, or any branch
of government, to give special protection to persons because they engage in sinful
conduct, make it their lifestyle, pronounce it, and glory in it. To the extent there is
any argument that any law from the Tenth Circuit Court of Appeals or the United
States Supreme Court justifies this Court doing so, those legal authorities offer no
binding opinion on the merits of this case as to these unique circumstances presented
by WBC; they do not address the issues raised by WBC; there is no en banc opinion
from the Tenth Circuit; there is no opinion from the United States Supreme Court;
and/or the law should be changed, and the Court should so rule.
39. Affirmative Defenses:
a. Plaintiffs have failed to state a claim for relief.
b. Plaintiffs’ claims are barred by statute of limitations.
c. Plaintiffs’ claims are barred by the doctrine of waiver.
d. Plaintiffs’ claims are barred by the doctrine of laches.
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e. Plaintiffs’ proposal to require the State of Kansas to issue same sex marriage
licenses violates WBC’s members’ constitutional rights, in that,
i. It violates their freedom of association, requiring them as citizens of
Kansas to associate with same sex marriage through its state
government’s official acts.
ii. It violates their freedom of religion; the government is supposed to be
neutral on matters of religion; by issuing licenses to same sex
marriage couples, the government will take a position on this
moral/religious issue, against WBC’s religion/religious beliefs;
iii. It violates their freedom of religion to be free from an imposed
government-respect and social recognition for same sex marriage; this
is the core desire by plaintiffs and others in similar litigation
1
, to wit,
to gain social recognition and approval, and respect, through the force
of government, for their sinful conduct; the government is not entitled
to force this view on any citizen; and any law that has this impact
violates WBC’s religious beliefs;

1
Financial issues, issues of being able to be involved in decisions such as health care and
family/children matters, pensions, tax issues, etc., are all secondary, and none of them are
without readily available alternatives and relief in today’s society. Financial and
health/medical issues are faced by families of various configurations; a marriage license
doesn’t resolve these issues; these are distractions, when the core issue is a desire for the
government to put its imprimatur of respectability, and the force of its arm, on this sinful
union, just like the government eventually and wrongfully did regarding
divorce/remarriage.

iv. It violates their freedom of religion in that it exposes them to the risk
of same sex couples demanding WBC perform their marriage;
f. The laws of Kansas that limit marriage licenses to opposite sex couples is
supported by a substantial and compelling government interest in that it
requires the government at least in some measure to only license what God
has recognized as a marriage.
2

g. The laws of Kansas that limit marriage licenses to opposite sex couples is
supported by a substantial and compelling government interest in protecting
the health and welfare of the citizens of Kansas.
h. WBC reserves the right to plead such additional affirmative defenses as may
be warranted in law or equity that might become apparent as litigation
unfolds.
40. For all the reasons set out in WBC’s Motion to Intervene the State is unable to
protect WBC’s interests herein, thus WBC should be permitted to intervene as a
defendant herein, defend the current law, and protect and assert its constitutional
rights and interests.
41. WBC’s Prayer for Relief: WBC prays that plaintiffs take nothing by their
Complaint; no relief should be afforded whatsoever pursuant to the well-established

2
The laws would be even more proper if they limited marriage licenses to those who had
no prior living spouse, because divorce/remarriage is contrary to God’s law, per the words
of the Lord Jesus Christ, who said divorce/remarriage is adultery. “But I say unto you,
That whosoever shall put away his wife, saving for the cause of fornication, causeth her to
commit adultery: and whosoever shall marry her that is divorced committeth adultery,”
Matthew 5:32, King James Bible.
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law of Kansas, enacted in compliance with all statutory, constitutional and
legislative requirements as well as the overwhelming vote of the citizens of Kansas,
which should be untouched. WBC requests, that if the Court should issue a ruling
that same sex marriage licenses must be issued, that WBC be given declaratory
judgment and injunctive relief that WBC is not required, for religious reasons, to
perform same sex marriages; and that WBC is not required to rent, lend or otherwise
make available any of her properties or good offices to host or otherwise enable
same sex marriage in any fashion; and any person is enjoined from trying to force
them to do the same. WBC further requests such additional relief in law and equity
as is necessary to protect and preserve WBC’s religious, association, speech and
other federal, state and/or local constitutional and/or statutory rights, including but
not limited to civil rights laws and ordinances and the Religious Freedom
Restoration Act (to the extent still applicable involving actions of the federal
government which may flow from a ruling requiring licensing of same sex
marriages in Kansas); or otherwise, in law or equity.
42. WBC’s Motion to Intervene filed herewith is incorporated herein in full, as though
set out verbatim, as part of this Answer.
43. As to the designation of Kansas City as the place of trial, WBC has no objection.

I hereby certify that a copy of the foregoing Answer of Intervenor Defendant
Westboro Baptist Church, Inc. motion was served through the Court’s CM/ECF system on
the _____ day of ________________, 2014, on all counsel of record herein.